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창원지방법원 통영지원 2015.04.09 2015고단98
도로교통법위반(음주측정거부)
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2015, at around 21:25, the Defendant: (a) while driving a chip motor vehicle B while drinking alcohol on the front side of the Pchipping site in front of the Pchip in front of the Pchipping site, and (b) transferred the vehicle to a D hospital located in the 119 emergency squad in the Gyeongsung-gun, Chungcheongnam-gun; (c) the Defendant sent the vehicle to the right side by the 119 emergency squad.

The Defendant was demanded to respond to the measurement of alcohol by inserting about 29 minutes in a manner of drinking, on the grounds that there are reasonable grounds to recognize that he was driving a motor vehicle by drinking alcohol and drinking alcohol, such as smelling alcohol by a slope E from the traffic inspector in the Gosung Police Station.

Nevertheless, the defendant avoided his body by returning it, and did not comply with the request for a sobage test by a police officer without a justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Articles 148-2 (1) 2 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201) (see, 2009Da1124, Feb. 2, 20

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;